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(a) All public parks and public beaches in the City shall be closed to the general public between the hours of 11:00 p.m. and 7:00 a.m. of the succeeding day and no person shall be in, remain upon or loiter about any public park or public beach during such hours. The Director of Public Service and Public Safety may establish, on a case by case basis, an earlier closing time of any public park if it is determined that excessive loitering or disturbing of the peace is persistent in that park.
(Ord. 154-05. Passed 9-6-03.)
(b) The Municipal Pier shall be closed to the general public except for licensed fisherman between the hours of 11:00 p.m. and 7:00 a.m. of the succeeding day and no person other than licensed fisherman shall be on, remain upon or be about said Municipal Pier during such hours.
(c) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 96-83. Passed 6-6-83.)
(a) No minor, seventeen years of age or under, shall be or remain upon any public street, sidewalk, alley or public grounds, or be loitering about depots, public buildings or other public places in the City between the hours of 11:00 p.m. of the evening of any week day and before the hour of 6:00 a.m. on the morning of the succeeding day, from Sunday to Thursday, inclusive, and between the hours of 12:30 a.m. and 6:00 a.m. on Saturday or Sunday, unless accompanied by a person of mature years, who must be the parent, guardian or person having legal custody and control of such child, or some adult person duly authorized by the parent or guardian to have control of such child.
(b) The parent, guardian or person having the legal custody and control of any child violating any of the provisions hereof, shall be deemed guilty of a minor misdemeanor.
(Ord. 266-74. Passed 10-21-74.)
(c) The parent, guardian or person having the legal custody and control of any child who shall be found in violation of this section, upon a second violation, shall be deemed guilty of a misdemeanor of the fourth degree. (Ord. 59-95. Passed 6-5-95.)
(a) No child between the ages of six and seventeen, inclusive, other than a child that has been suspended or expelled from school, shall be at any place within the City except in attendance at school between the hours of 8:30 a.m. and 2:30 p.m., or such regular hours of operation of the school in which the child is registered, during any school day, unless the child has written proof from school authorities excusing him or her from attending school at that particular time, or unless the child is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child.
(b) Each parent or legal guardian of a child between the ages of six and seventeen, inclusive, shall have a duty to prohibit the child from behaving contrary to subsection (a) hereof. No person shall negligently fail to fulfill the duty imposed by this section.
(c) It shall be an affirmative defense to subsections (a) and (b) hereof that the child, at the time he or she was found at a place other than in school, was not required by law to be in attendance at school.
(d) It shall be an affirmative defense to subsection (b) hereof that the parent or legal guardian initiated the jurisdiction of the Juvenile Court against the child prior to the time that the child was found violating subsection (a) hereof.
(e) A police officer or school attendance officer may transport any child found violating subsection (a) hereof to the child’s residence and may release the child into the care of a parent or legal guardian, to the school the child usually attends, or to any location designated by the school authorities as a receiving center for such children, the choice of destination to be made at the discretion of the police officer or school attendance officer based on proximity of the destination and other relevant factors, and subject to the need to response to emergency or priority calls.
(f) Any child who violates subsection (a) hereof is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(g) Any person who violates subsection (b) hereof is guilty of negligently failing to supervise a child of compulsory school age, a minor misdemeanor. In addition to any other method of enforcement provided for in these Codified Ordinances or by statute, this offense may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure.
(Ord. 45-96. Passed 4-1-96.)
(a) If a child is suspended or expelled from school, then each parent or legal guardian of the child shall have the following duties for the duration of the suspension or expulsion:
(1) The duty to personally supervise the child, or to arrange for a responsible adult to supervise the child, at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled; and
(2) The duty to prohibit the child from being at any public place at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled, except in the following circumstances:
A. When the child is accompanied by the parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child; or
B. When the child is employed pursuant to an age and schooling certificate issued by the school authorities, during the times that the child is actually on the job or traveling to or from the job site; or
C. When the child is on an emergency errand for the parent or legal guardian or responsible adult selected by the parent or legal guardian to supervise the child; or
D. When the child has been directed by the parent or legal guardian to engage in a specific activity or to carry out express instructions, during the times that the child is actually engaged in fulfilling those directions or instructions. No person shall negligently fail to fulfill the duties imposed by this section.
(b) No child that has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to subsection (a)(1) hereof.
(c) No child that has been suspended or expelled from school shall be in any public place at the times that he or she would have been required to be in attendance at school had he or she not been suspended or expelled, except in the circumstances described in subsections (a)(2)A., B., C. or D.
(d) As used in this section, “public places” includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any other public place for the sale of merchandise, public accommodation or amusement.
(e) A police officer or school attendance officer may transport any child found violating subsection (c) hereof to the child’s residence and may release the child into the care of a parent or legal guardian, to the school the child usually attends, or to any location designated by the school authorities as a receiving center for such children, the choice of destinations to be made at the discretion of the police officer or school attendance officer based on the proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls.
(f) Any child that violates subsections (b) or (c) hereof is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(g) Any person that negligently fails to fulfill the duty imposed by subsection (a) hereof is guilty of negligently failing to supervise a suspended or expelled child, a minor misdemeanor. In addition to any other means of enforcement provided for in these Codified Ordinances or by statute, this offense may be enforced by the issuance of a citation in accordance with Rule 4.1 of the Ohio Rules of Criminal Procedure.
(Ord. 45-96. Passed 4-1-96.)
(a) It shall be unlawful for any person or business within the City to sell or otherwise furnish to a person under the age of eighteen years, any spray paint or wide-tipped marker that is capable of defacing property.
(b) Any person or business within the City that sells or offers for sale such spray paint or wide-tipped markers shall post, and keep posted in a conspicuous area near such spray paint or wide-tipped markers a notice that states as follows:
WARNING: THE SALE OF SPRAY PAINT OR WIDE-TIPPED MARKERS TO MINORS IS PROHIBITED.
It is unlawful in the City of Lorain to sell spray paint or wide-tipped markers to minors, and unlawful for minors to purchase or possess such material unless engaged in a lawful activity under the supervision of a parent, guardian, teacher, or employer.
(c) It shall be unlawful for any person under the age of eighteen years to purchase, possess or have under his/her control, spray paint or a wide-tipped marker that is capable of defacing property. This section shall not apply to persons under the age of eighteen years engaged in a lawful activity under the supervision and control of the minor’s parent, guardian, teacher or employer.
(d) A violation of subsection (a) hereof shall be a misdemeanor of the fourth degree, and a person convicted of such a violation shall be fined not less than one hundred dollars ($100.00). A violation of subsection (b) hereof shall be a minor misdemeanor, and a person convicted of such a violation shall be fined not less than one hundred dollars ($100.00). Any minor who is in violation of subsection (c) hereof shall be deemed to be an unruly child and subject to the jurisdiction of the Juvenile Court.
(e) For the purposes of this section the following terms shall have the definitions as hereinafter specified:
(1) “Spray paint” means paint, lacquer or shellac, contained in an aerosol propellant can.
(2) “Wide-tipped marker” means any indelible pen, marker, or other similar implement with an application tip exceeding four millimeters in width.
(Ord. 44-96. Passed 4-1-96.)
(a) For the purpose of this section:
(1) “Panhandling” means as follows:
A. Approach, seek or follow a person before, during or after solicitation, if that conduct is intended, or likely to cause a reasonable person to:
1. Fear harm to oneself or another,
2. Fear damage to or loss of property, or
3. Feel intimidated; or
B. Intentionally or recklessly touching or causing physical contact with another person without that person’s consent while in the course of soliciting likely to cause a reasonable person to feel restrained or intimidated; or
C. Continuing to solicit from a person after the person has given a negative response; or
D. Intentionally or recklessly blocking the safe or free passage of a person or vehicle by any means, including unreasonably causing a pedestrian or vehicle to take evasive action to avoid physical contact. For purposes of this section, acts where a lawfully issued permit from the City of Lorain shall not constitute hindrance of pedestrian or vehicle traffic; or
E. Intentionally or recklessly use threatening, obscene language, or gestures toward any person being solicited.
(2) “Automated Teller Machine” means any device that has one or more teller machines linked to a financial institution’s records, that is capable of carrying out transactions, including but not limited to account deposits, cash withdrawals, payments or balance inquiries.
(3) “Automated Teller Machine Facility” means any area comprised of one or more automated teller machines, and any adjacent space that is made available to banking customers or any automated teller machine that is enclosed within a building.
(4) “Public property” means all property owned, operated or controlled by any governmental agency, including but not limited to streets, public sidewalks and thoroughfare, tree lawns, parks, playgrounds, publicly owned parking lots, schools, libraries, post offices, municipal transit facilities and other public lands and buildings.
(5) “Solicitor” or “soliciting” means the act of requesting an immediate donation of money or other thing of value from another person, regardless of the solicitor’s purposes or intended use of the solicited donation. The solicitation may be done without limitation by the spoken word, written word or prepared statement, gestures, or by other means of communication.
(b) No person shall solicit:
(1) In an aggressive manner; or
(2) Within fifty feet of an automated teller machine without the consent of the owner or other person legally in possession of the machine. The distance to an automated teller machine shall be measured from the entrance if the machine is located in an automated teller facility; or
(3) Within forty feet of a bus stop or bus shelter, including school bus stops; or
(4) Within fifty feet of a line of pedestrians waiting to obtain access to a building or an event; or
(5) Within fifty feet of an area used by a restaurant for outdoor dining, or a temporary public right of way; or
(6) Within fifty feet of a valet zone, whether it be temporary or permanent; or
(7) Within twenty feet of any pay telephone. If a telephone booth is involved, the distance shall be measured from the entrance of the booth; or
(8) Within twenty feet of the entrance or exit of any public toilet facility, including any permanent or temporarily placed toilet facility; or
(9) On public property within twenty feet of an entrance to a building; or
(10) On public property within twenty feet of an entrance to a parking lot.
(c) Whoever violates this section shall be charged with a misdemeanor of the fourth degree for the first offense, a misdemeanor of the third degree for a second offense and a misdemeanor of the first degree for the third and any subsequent offense. It shall be deemed that a separate offense has occurred if the solicitation is attempted at different locations. It shall be deemed that the solicitation shall be one offense if the solicitation occurs within a one day period.
(Ord. 44-07. Passed 4-2-07.)
(a) Definitions.
(1) Floodlight or spotlight: Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
(2) Fully Shielded (light Fixture): A light fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal. Any structural part of the light fixture providing this shielding must be permanently affixed, and part of the fixture, not part of any surrounding building or architectural elements. Table 509.17(a) provides examples of fully shielded lighting fixtures; Table 509.17(b) provides examples of lighting fixtures not fully shielded.
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(3) Glare: Light emitting from a lighting fixture with an intensity great enough to cause annoyance, discomfort, or loss of visual performance and visibility.
(4) Light trespass: The unwanted shining of direct light produced by a lighting fixture beyond the boundaries of the property on which it is located. Light trespass is of an intrusive and objectionable nature.
(5) Lighting Fixture: A complete lighting assembly (including the lamp, housing, reflectors, lenses and shields), less the support assembly (pole or mounting bracket). Includes luminous tubes, lamps or similar devices, permanently installed or portable, used for illumination or decoration. For purposes of determining total light output from a lighting fixture, lighting assemblies which include multiple lamps within a single lighting fixture or on a single pole or standard shall be considered as a single unit. See Table 509.17(c) below:
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(6) Lumen: Unit of luminous flux; used to measure the amount of light emitted by lamps. Lumens can be measured based on the lamp type and wattage. Table 509.17(d) presents wattage levels and the resulting lumen output:
Lamp Type | 2000 lumens | 1000 lumens |
Standard incandescent and less | 100 watt | 60 watt |
Tungsten-halogen (quartz) and less | 100 watt | 60 watt |
Fluorescent and less | 25 watt | 15 watt |
Compact Fluorescent and less | 26 watt | 13 watt |
(7) Partially Shielded (Light Fixture): A light fixture constructed and mounted such that most light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal. Light emitted at or above the horizontal direction (sideways or upwards) arises only from decorative elements or strongly colored or diffusing materials such as "honey" or colored glass or plastic. Fixtures using spot or flood lamps are considered partially shielded if the lamps are aimed no higher than 45 degrees above straight down (half-way between straight down and straight to the side). Table 509.17(e) provides examples of lighting fixtures that are partially shielded.
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(b) General Requirements. For outdoor lighting fixtures installed on land improved by a residential dwelling in residential zoning districts R-1A, R-1B, R-1C, R-1, R-2, R-3, R-MH and R-PUD:
(1) Any lighting fixture producing 2000 lumens or less shall be partially shielded.
(2) Any lighting fixture producing more than 2000 lumens shall be fully shielded.
(3) The placement of all lighting fixtures shall be such that no direct light shall trespass onto adjacent residential properties, excepting light incidental to fully shielded lighting;
(4) Island canopy ceiling fixtures shall be recessed so that no direct light shall trespass onto adjacent residential properties;
(5) With the exception of flag lighting, ground level signs, and decorative lighting mounted as shielded sconces on building side walls, no lighting shall be pointed in an upward direction;
(6) Outdoor light pole fixtures not owned and maintained by the City of Lorain or public utility shall not be taller than the residence to which they are adjacent or 36 feet, whichever is shorter.
(7) High Intensity Discharge (HID) lighting, including mercury vapor lighting, shall have full cut-off fixtures or shall be fully shielded to prevent the trespass of glare from direct light onto adjacent residential properties.
(8) Flood lighting and spot lighting shall be fully shielded or aimed in such a way as to not direct light to trespass on to adjacent residential properties.
(c) Exceptions.
(1) Kerosene, propane, battery and natural gas lamps.
(2) All low-voltages lighting rated at twenty-four (24) volts or less.
(d) Penalty.
(1) Any person, firm, or corporation in violation of this provision shall be guilty of the minor misdemeanor "Unreasonable Lighting in a Residential Area."
(2) Should any person, firm, or corporation previously found guilty of the minor misdemeanor "Unreasonable Lighting in a Residential Area" persist in the unreasonable lighting after a reasonable request or warning to stop, such person, firm, or corporation shall be guilty of a misdemeanor of the fourth degree.
(Ord. 50-13. Passed 3-4-13.)
(Ord. 50-13. Passed 3-4-13.)
(a) No person, without privilege to do so, shall recklessly obstruct any highway, street, sidewalk, or any other public passage in such a manner as to render the highway, street, sidewalk, or passage impassable without unreasonable inconvenience or hazard if both of the following apply:
(1) The obstruction prevents an emergency vehicle from accessing a highway or street, prevents an emergency service responder from responding to an emergency, or prevents an emergency vehicle or an emergency service responder from having access to an exit from an emergency.
(2) Upon receipt of a request or order from an emergency service responder to remove or cease the obstruction, the person refuses to remove or cease the obstruction.
(b) Subsection (a) of this section does not limit or affect the application of Ohio R.C. 2921.31 or any other section of the Ohio Revised Code. Any conduct that is a violation of subsection (a) of this section and that also is a violation of Ohio R.C. 2921.31 or any other section of the Ohio Revised Code may be prosecuted under this section, the other section of the Ohio Revised Code or both sections.
(c) Whoever violates this section is guilty of unlawfully impeding public passage of an emergency service responder, a misdemeanor of the first degree.
(d) As used in this section, “emergency service responder” has the same meaning as in Ohio R.C. 2903.13.
(ORC 2917.14)